IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025667 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH).

2.  He states he was shot in Vietnam and was immediately transported to a hospital in Japan.  He received the PH in the mail 1 year after he was released from active duty.  He does not have the orders that came with the medal.

3.  He provides a copy of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 10 June 1969.  After completing initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty on 9 June 1971 after completing 2 years of total active service.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he served in Vietnam from 1 December 1969 to 17 September 1970
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Company C, 3d Battalion, 1st Infantry, 11th Infantry Brigade, from 21 December 1969 to 7 September 1970
* item 38 he was assigned to the Medical Holding Company, 249th General Hospital, from 8 to 14 September 1970
* item 38 he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) he was authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)
* Bronze Star Medal (BSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960) (VCM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Item 40 (Wounds) of his DA Form 20 is blank.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* VSM with two bronze service stars
* NDSM
* VCM
* CIB
* BSM
* ARCOM

6.  A Standard Form 519-A (Radiographic Report), dated 14 September 1970, prepared by the 249th General Hospital shows he had fractures in his left hand.  The form does not show the cause of the fractures.

7.  A Standard Form 88 (Report of Medical Examination) completed as part of his separation processing shows he incurred a fragment wound to his left hand.

8.  His record does not include general orders awarding him the PH.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding him the PH.

10.  A review of the Vietnam casualty roster shows he was wounded as a result of hostile action on 3 September 1970.

11.  Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  His service in Vietnam coincides with the following campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3d Battalion, 1st Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1971 as confirmed by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded as a result of hostile action on 3 September 1970.  The wound required treatment by medical personnel and was made a matter of official record.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the PH.

2.  He served honorably during the period 10 June 1969 to 9 June 1971 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of Federal military service and is entitled to correct his DD Form 214 to show this award.

3.  He was awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

4.  He was authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He is entitled to correction of his DD Form 214 to show this award.

5.  He served in a unit that was twice awarded the RVN Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the AGCM (1st Award) for the period 10 June 1969 to 9 June 1971;

	b.  deleting the VSM with two bronze service stars from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the:

* PH
* AGCM (1st Award)
* VSM with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100025667



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ABCMR Record of Proceedings (cont)                                         AR20100025667



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